CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 132 Search warrants for escapees

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 132

    (1)     A transfer escort or police officer may apply to a magistrate for a search warrant if the transfer escort or police officer believes on reasonable grounds that a young offender who has escaped from the custody of a transfer escort while being transferred through the ACT from a State to another State under a transfer agreement is at premises.

    (2)     The magistrate may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the person named in the warrant with the assistance, and with the force, that is necessary and reasonable to—

        (a)     enter stated premises; and

        (b)     inspect the premises for evidence of the young offender who has escaped from custody; and

        (c)     observe and converse with a person apparently living there; and

        (d)     apprehend the young offender at the premises.

    (3)     A warrant issued under this section must state—

        (a)     why the warrant is issued, including the name and description of the young offender for whom entry and search are authorised; and

        (b)     whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

        (c)     a date, not being later than 14 days after the date of issue of the warrant, on which the warrant ceases to have effect.

    (4)     A police officer may—

        (a)     accompany a transfer escort executing a search warrant issued under this section; and

        (b)     take all reasonable steps to assist in the apprehension of the young offender at the premises.

    (5)     In this section:

"transfer escort" means the transfer escort authorised by the transfer agreement to have custody of the young offender.